United States Ninth Circuit

A husband and wife's convictions for conspiracy, bulk cash smuggling, making a false statement to a government official, and related counts are affirmed over claims that: 1) insufficient evidence supported currency reporting and bulk cash smuggling convictions due to an inspector's failure to follow certain Customs procedures; 2) the district court erred in excluding evidence of the apparently legitimate source and benevolent purpose of the confiscated funds; 3) bulk cash smuggling jury instructions were erroneous; and 4) the jury was not properly instructed on the term "willfully." However, the sentences are vacated where it was not possible to determine if fines imposed were punitive in nature.

Appellate Information

• Argued 11/17/2006
• Decided 01/30/2007
• Published 01/30/2007

Judges

• HAWKINS, Circuit Judge., Before CORNELIA G. KENNEDY,CYNTHIA HOLCOMB HALL, and MICHAEL DALY HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David J. Bederman, Atlanta, GA, for the defendants-appellants., Brian M. Hoffstadt (argued) and J. Mark Childs, Office of the United States Attorney, Los Angeles, CA, for the plaintiff-appellee.